Maryland Divorce Procedures

Maryland Divorce Procedures

Complete overview of Maryland divorce laws for people considering a Maryland divorce or filing a Maryland divorce with issues to be resolved about child custody, child support, visitation and alimony.

Maryland Divorce Residency Requirements

In order to file your Bill for Divorce in Maryland, you must make sure the Circuit Court has jurisdiction over your case. The most common way spouses are eligible to use a specific court system is by meeting the residency requirements. Meeting the Maryland residency requirements is typically only a concern for a spouse who has recently moved or is planning to move in the near future. The filing requirements are as follows:

There is a 1 year requirement if the grounds for the divorce occurred outside the state of Maryland, otherwise if either spouse is a resident of the state of Maryland, he or she may file in the county in which either spouse resides. If you are filing for divorce under the grounds of insanity, the residency requirement is increased to 2 years.

The divorce is typically filed with in county in which the filing spouse lives.

(Maryland Code – Family Law Chapter – Section: 7-103)

Since divorce is governed by state law, it is required that you meet specific residency requirements in order to file for a divorce in the state of Maryland. It is most common that people file for a divorce in the county in which they live. If you are unsure of whether or not you meet the Maryland residency requirements you can try contacting the Clerk’s office of the domestic relations or family law division of your county courthouse.

Maryland Grounds for Divorce

The Bill for Divorce is the initial document filed with the Maryland court. It is in this document that the filing spouse will request the court to terminate the marriage under certain specified grounds.

An absolute divorce shall be granted on one of the following grounds:

a) adultery; b) desertion for a period of at least 12 months; c) voluntary separation for at least 12; d)  Imprisonment for a period of 3 years; e) Living separate and apart for at least 2 years; f) Insanity only if hospitalized for at least 3 years; g) cruelty of treatment; h) excessively vicious conduct toward the complaining party or a minor child of the complaining party, if there is no reasonable expectation of reconciliation.

(Maryland Code – Family Law Chapter – Section: 7-103)

Every divorce case that is filed in the state of Maryland must declare the grounds in which the divorce is to be granted. The grounds for divorce must be substantiated with evidence or testimony otherwise the court may dismiss the case. When you are petitioning the court for a divorce, or agreeing to a divorce, make sure that you completely understand the grounds and any potential legal repercussions.

Maryland Uncontested Divorce

This information is an overview of the uncontested Maryland divorce filing process and a summary of the divorce papers that are typically filed with the family law or domestic relations clerk. This overview is not intended to be an exact step-by-step guide for those “do it yourself divorce” filers, due to the fact that many cases are unique and the overview presented here is often not the only method of obtaining an uncontested divorce in Maryland.

To file for a divorce in Maryland, one of the spouses must have lived in Maryland for a least a year if the grounds for divorce happened outside of Maryland. Otherwise, either spouse may file. If insanity is the ground, the residency requirement is two years. A divorce may be filed in the county where either spouse lives.

Grounds for divorce are No-Fault: 1) a one-year voluntary and mutual separation “without interruption and cohabitation and there is no reasonable expectation of reconciliation,” or 2) a two-year separation “without cohabitation or sexual relations.”

In divorce actions, the filing spouse is called the Plaintiff; the responding spouse is called the Defendant. The action is filed in the Circuit Court.

Under the one-year voluntary and mutual separation route, the couple must live under separate roofs for twelve consecutive months, without sexual relations. The clock starts over if the couple have sexual relations, live together or even spend a night under the same roof. The separation must be mutual and voluntary and with the intention of ending the marriage.

Fault grounds are: 1) adultery, 2) desertion for one year, 3) insanity for at least three years, 4) imprisonment for at least three years with one year served, 5) cruelty and 6) excessively vicious conduct.

Maryland also grants legal separations under the grounds of: 1) voluntary separation, 2) desertions, 3) cruelty and 4) excessively vicious conduct.

Unlike many states, Maryland does not offer a summary divorce. However, marital separation agreements are specifically authorized and may be used to collaborate that a separation is voluntary if 1) the agreement states they separated voluntarily and 2) the agreement was signed under oath before the Complaint was filed. In addition, each spouse must file a Financial Statement Affidavit and a Joint Statement of Marital and Non-Marital Property.

A divorce action begins with the filing of a Complaint for Absolute Divorce, which identified the parties, the children, the grounds and the relief requested.

The Complaint is served on the Plaintiff, together with a Summons, a Civil-Domestic Information Report completed by the Plaintiff and a blank one for the Defendant. The Civil-Domestic Information Report is a cover sheet describing the nature of the case.

In Maryland, the Defendant is served by certified mail or by private server. When service is accomplished, the Plaintiff files the return reciept and an Affidavit of Service, which proves that the Plaintiff has been notified.

The Summons gives the Defendant 30 days to file an Answer if he or she resides in the state, 60 days if he or she resides outside of Maryland and 90 days if he or she is served outside the United States.

A Defendant may file an Answer, in which he or she either admits or denies each of the allegations of the Complaint. He or she may also file a counterclaim, making other allegations in the action. In any event, the Defendant who wishes to participate in the action should file an Answer, even if the action is uncontested.

A separation that began involuntary can go the one-year route if a Separation Agreement is signed before a Complaint for Absolute Divorce is filed.

If the action is uncontested, the couple then files a Joint Request for an Uncontested Divorce Hearing. This is often the route when the couple divorce using the one-year voluntary separation or two-year separation.

At this hearing, the couple need the following forms:

a) a Report of Absolute Divorce, the “blue form,” which obtained from the court and is used for record keeping;
b) a copy of the marriage license (or witness present at the wedding);
c) Child Support Guidelines, if there are children;
d) witness identification information;
e) Separation Agreement, which may or may not have already been filed with the Complaint
f) Submission to Judgment, which waives the right of appeal.

Uncontested divorce cases in Maryland are heard by a family law master. After the hearing, the master’s findings and recommendations become the basis for the Decree of Divorce, which is signed by a judge and mailed to the parties in a few weeks.

Only the Plaintiff need appear at the divorce hearing, but the Defendant may do so if he or she wishes.

Witness information is used when a witness is required to prove any allegation made by the Plaintiff.

When spouses agree, they can waive the ten-day period for filing exceptions, so their divorce becomes final earlier.

If the Defendant wishes to contest the action, the Answer together with his or her Civil-Domestic Case Report is filed with the court clerk. If either party is asking for spousal or child support, a Financial Statement must also be filed.

If the Defendant fails to respond within the time periods (30, 60 or 90 days, depending on his or her location in Maryland, out of state or out of the United States), the Plaintiff may file a Request for Default. Once the Order of Default is received, the Plaintiff may schedule an uncontested divorce hearing. Before these steps may be taken, however, the Plaintiff must make a “diligent effort” to locate the missing spouse if at all possible. The effort, which must be made in good faith, includes:

a) efforts to serve process by certified mail at the last known address;
b) letters to relatives and friends, the last known employer, neighbors;
c) the investigation of a private investigator;
d) searches of telephone directories, directory assistance and the Internet;
e) a search of the Maryland motor vehicle administration;
f) referencing the Military Service Locator;
g) contacting the child support enforcement agency.

After these avenue dead end, the Plaintiff may file a Motion for Alternative Service. The court will then issue an Order for Alternative Service. The Plaintiff may then proceed with Service by Publication, which means publication of a notice in a newspaper likely to be seen by the Defendant.

If these fails to produce a result, the Plaintiff may file for the Default Order.

If the action is contested, once the Answer or Affidavit of Service has been filed, the court will send the parties a Notice of Scheduling Conference before a Master, who sets dates for issues dealing with Pendente Lite hearings (for temporary spousal and child support) custody evaluations and custody assessments.

No two contested divorces are alike because the circumstances of each divorcing couple are different. A court may order parenting classes if custody is disputed, or Alternative Dispute Resolution. It may issue a Scheduling Order, which includes the identification of witnesses, and a cutoff for any discovery.

Prior to a trial, the parties of a contested divorce must file Joint Statement of Parties Concerning Martial and Non-Marital Property. This form is very important because the judge uses it in the division of the marital estate.

Maryland Simplified Divorce Procedures

Summary divorces are not permitted in Maryland. However, marital settlement agreements are specifically authorized by statute and may be used for full corroboration of a plaintiff’s testimony that a separation was voluntary if: (1) the agreement states that the spouses voluntarily agreed to separate and (2) the agreement was signed under oath before the application for divorce was filed. In addition, each spouse must file a Financial Statement Affidavit and a Joint Statement of Marital and Non-Marital Property. The financial statement form is contained in Maryland Rules, Rule 9-203. The form for the Joint Property Statement is contained in Maryland Rules, Rule 9-206. Finally, in a default situation, the divorce may be granted only upon actual testimony of the plaintiff spouse.

[Annotated Code of Maryland; Courts and Judicial Procedure, Section 3-409 and Maryland Rules; Rules 9-203, 9-206, and 9-207].

Each state has its own unique filing procedure. When filing for divorce in Maryland, you must adhere to the strict filing guidelines and prepare and submit the appropriate mandatory divorce documents to the county court. You will discover that some documents may be provided by the Maryland Legal System and others must be constructed on a case-by-case basis containing certain information and criteria to adhere to the Maryland Laws and the filing requirements.

Maryland Property Division Factors

In Maryland, the property and debt issues are typically settled between the parties by a signed Marital Settlement Agreement or the property award is actually order and decreed by the Circuit Court within the Decree of Divorce.

Maryland is referred to as an “equitable distribution” state. When the parties are unable to reach a settlement, the Circuit Court will take the following approach to dividing the assets; First, it will go through a discovery process to classify which property and debt is to be considered marital. Next, it will assign a monetary value on the marital property and debt. Last, it will distribute the marital assets between the two parties in an equitable fashion. Equitable does not mean equal, but rather what is deemed by the Circuit Court to be fair.

The court shall determine the property award after considering each of the following factors: a) the contributions, monetary and nonmonetary, of each party to the well-being of the family; b) the value of all property interests of each party; c)      the economic circumstances of each party at the time the award is to be made; d) the circumstances that contributed to the estrangement of the parties; e) the duration of the marriage; f) the age of each party; g) the physical and mental condition of each party; h) how and when specific marital property or interest in property described was acquired, including the effort expended by each party in accumulating the marital property or the interest in property described in subsection (a)(2) of this section, or both; i) the contribution by either party of property to the acquisition of real property held by the parties as tenants by the entirety; j) any award of alimony and any award or other provision that the court has made with respect to family use personal property or the family home; and k) any other factor that the court considers necessary or appropriate to consider in order to arrive at a fair and equitable monetary award or transfer of an interest in property or both.

(Maryland Code – Family Law Chapter – Section: 8-202, 8-203, 8-205)

Since Maryland is an “Equitable Distribution” state, all marital property will be divided in an equitable fashion according to the court unless agreed to otherwise by the divorcing spouses. What does “equitable” mean? Equitable can be defined as “what is fair, not necessarily equal.” To automatically believe the marital property would be divided 50-50 would be a wrong assumption in any equitable distribution state.

Maryland Spousal Support/Maintenance/Alimony Factors

In Maryland the support payments (if any) can certainly influence how the marital property distribution is awarded, which is why it can become a very intricate part of the final outcome of any divorce. Keeping this in mind, if you and your spouse are unable to reach and agreement on this issue, the Circuit Court will order support from one spouse to the other on a case-by-case basis as follows:

The court shall determine the amount of alimony and for how long by considering all the factors necessary for a fair and equitable award, including: a) the ability of the spouse desiring alimony to become self supporting; b) the time necessary for the spouse seeking alimony to gain sufficient education or training to enable that party to find suitable employment; c) the standard of living while married; d) the length of the marriage; e) the contributions, monetary and nonmonetary, of each party to the well-being of the family; f) the circumstances that contributed to the estrangement of the spouses; g) the ages of the spouses; h) the health conditions of the spouses; i) the ability of the party from whom alimony is sought to meet that spouse’s needs while meeting the needs of the spouse seeking alimony; j) any mutual agreement between the spouses; k) the financial needs and financial resources of each spouse, including: l) whether the award would cause a spouse who is a resident of a related institution and from whom alimony is sought to become eligible for medical assistance earlier than would otherwise occur.

The court may award alimony for an indefinite period, if the court finds that: a) due to age, illness, infirmity, or disability, the party seeking alimony cannot reasonably be expected to make substantial progress toward becoming self-supporting; or b) even after the party seeking alimony will have made as much progress toward becoming self-supporting as can reasonably be expected, the respective standards of living of the parties will be unconscionably disparate.

(Maryland Code – Family Law Chapter – Section: 11-106)

Maryland Child Custody Factors

In Maryland, joint or sole custody arrangements will be awarded to either parent or both with the best interest of the children in mind. There are no standard factors that would be automatically considered by the court, but the normal factors are, but not limited to; age, health, parent’s contributing roles, child’s wishes etc..

The court will examine the following facts when deciding which parent would be entitled to keep the marital home in the property award:

a) the best interests of any child;

b) the interest of each party in continuing: 1) to use the family use personal property or any part of it, or to occupy or use the family home or any part of it as a dwelling place; or 2) to use the family use personal property or any part of it, or to occupy or use the family home or any part of it for the production of income; and

c) any hardship imposed on the party whose interest in the family home or family use personal property is infringed on by an order issued under §§ 8-207 through 8-213 of this subtitle.

(Maryland Code – Family Law Chapter – Section: 5-203, 8-207, 8-208, 9-101)

In Maryland, as with all other states, the court will always be looking out for the best interests of the children. What you want or your spouse wants is not really relevant until the court says it is. Many parents go to custody hearings not realizing that they must portray themselves as the best custodial parent rather pleading to the court that they simply deserve the children. The court would much prefer the parents to decide who should have custody, but if they can’t, the court will do it for them.

Maryland Child Support Factors

Child support may be awarded. There are specific child support guidelines and charts supplied in the statute. There is a presumption that the amount shown for support in the guidelines is correct. However, the amount may be adjusted up or down if it is shown to be inappropriate or unjust under the circumstances of the case. In determining whether the amount would be unjust, the court may consider: a) the terms of any marital settlement agreement between the parents, including any provisions for payments of marital debts, mortgages, college education expenses, the right to occupy the family home, and any other financial terms and; b) the presence in the household of either parent of other children that the parent has a duty to support. The family home may be awarded to the parent who has custody of a child to enable the child to continue to live in the environment and community that is familiar to the child.

[Annotated Code of Mary-land; Family Law, Sections 8-206, 12-101, 12-201, 12-202, 12-203, and 12-204 and Maryland Rules; Rule 9-206 (Child Support Guidelines)].

Maryland child support is typically calculated by using a Child Support Worksheet. The worksheet will generate an appropriate Maryland child support obligation according to each spouse’s income and other relative numeric factors such as taxes paid and retirement contributions, etc.. Once this amount is determined it is essential to take a look at any appropriate Maryland child support deviation factors that may be applicable to the situation.

Maryland Grandparent’s Rights

Grandparent Rights to Visitation: Visitation may be granted at any time after the dissolution of the parents’ marriage by divorce, annulment, or death. Article 9, Section 9-102 (A.C.M. Family Law §9-102).

When Adoption Occurs: All rights terminate upon adoption.

Child Custody Statutes: No statutory factors. Custody discussed at A.C.M. Family Law §9-101 et seq.

Parents May Choose: Yes

Maryland Military Divorce Laws

A Maryland military divorce creates several unique issues as compared to a typical civilian divorce, which is why specific state and federal laws and rules will apply.

Military Protection From Maryland Divorce Proceedings

There are laws set up to protect active duty military members against being held in “default” from failing to respond to a divorce action. These laws were enacted to protect active military from being divorced without knowing it.

Under the Soldiers and Sailors Civil Relief Act, 50 UCS section 521 and in the discretion of the local Maryland court, the divorce proceeding may be postponed for the entire time the active service member is on duty and for up to 60 days thereafter (This is typically the case when the active member is serving in a war). Also, this right to have the divorce proceedings postponed can be waived by any active duty member should he or she wish to get the divorce.

Serving an Active Military Spouse

The active duty spouse must be personally served with a summons and a copy of the divorce action in order for a Maryland court to have jurisdiction over the active military member. In an uncontested case, the active duty spouse may not have to be served as long as he or she signs and files a waiver affidavit acknowledging the divorce action.

Residency and Filing Requirements

The typical military divorce filing requirements are as follows:

a) You or your spouse must reside in Maryland
b) You or your spouse must be stationed in Maryland

Grounds for Maryland Military Divorce

The grounds for a military divorce in Maryland are the same as a civilian divorce.

Dividing the Property

Along with the normal Maryland property division laws, the federal government has enacted the Uniformed Services Former Spouses’ Protection Act (USFSPA) that governs how military retirement benefits are calculated and divided upon divorce. The USFSPA is the governing body that authorizes a direct payment of a portion of a military retirees pay to the former spouse.

The federal laws will not divide and distribute any of the military members retirement to the spouse unless they have been married 10 years or longer while the member has been active duty military.

Child Support and Spousal Support

In Maryland, both child support and spousal support/alimony awards may not exceed 60% of a military member’s pay and allowances. The normal Maryland child support guidelines, worksheets and schedules are used to determine the proper amount of child support to be paid.

Maryland Child Support Guidelines

The Maryland child support guidelines “at a glance” provides a quick reference to what applicable child support laws are considered and/or not considered when determining the appropriate Maryland child support order.

Maryland Child Support Guidelines

Income Share Model *: NO
Percent of Income Model *: YES
Worksheets Available: YES
Extraordinary Medical Expenses Add on: YES
Childcare Add on: YES
Secondary Education Support: NO
UIFSA: YES

* Percent of Income Model: Maryland utilizes the percentage of income formula which determines the amount of child support as a percentage of the income of the parent obligated to pay the child support. This percentage is determined by factoring the number of children requiring support. This is the most basic or primitive method for calculating support. Many people believe that it does not take into consideration many important details, which makes this model of support calculation the least exact.

Maryland Child Support Definitions

DEFINITIONS:

A) Income. – “Income” means: (1) actual income of a parent, if the parent is employed to full capacity; or (2) potential income of a parent, if the parent is voluntarily impoverished.

B) Actual income.
1. “Actual income” means income from any source.
2. For income from self-employment, rent, royalties, proprietorship of a business, or joint ownership of a partnership or closely held corporation “actual income” means gross receipts minus ordinary and necessary expenses required to produce income.

C) “Actual income” includes:
(i) salaries;
(ii) wages;
(iii) commissions;
(iv) bonuses;
(v) dividend income;
(vi) pension income;
(vii) interest income;
(viii) trust income;
(ix) annuity income;
(x) Social Security benefits;
(xi) workers’ compensation benefits;
(xii) unemployment insurance benefits;
(xiii) disability insurance benefits;
(xiv) alimony or maintenance received; and
(xv) expense reimbursements or in-kind payments received by a paret in the course of employment, self- employment, or operation of a business to the extent the reimbursements or payments reduce the parents personal living expenses.

D) Based on the circumstances of the case, the court may consider the following items as actual income:
(i) severance pay;
(ii) capital gains;
(iii) gifts; or
(iv) prizes.

E) “Actual income” does not include benefits received from means-tested public assistance programs, including temporary cash assistance, Supplemental Security Income, food stamps, and transitional emergency medical, and housing assistance.

F) Adjusted actual income. “Adjusted actual income” means actual income minus:
1. preexisting reasonable child support obligations actually paid;
2. of this subtitle, alimony or maintenance obligations actually paid; and
3. the actual cost of providing health insurance coverage for a child for whom the parents are jointly and severally responsible.

G) Combined adjusted actual income. “Combined adjusted actual income” means the combined monthly adjusted actual incomes of both parents.

H) Potential income. “Potential income” means income attributed to a parent determined by the parent’s employment potential and probable earnings level based on, but not limited to, recent work history, occupational qualifications, prevailing job opportunities, and earnings levels in the community.

I) Ordinary and necessary expenses. “Ordinary and necessary expenses” does not include amounts allowable by the Internal Revenue Service for the accelerated component of depreciation expenses or investment tax credits or any other business expenses determined by the court to be inappropriate for determining actual income for purposes of calculating child support.

J) Extraordinary medical expenses. (1) “Extraordinary medical expenses” means uninsured expenses over $100 for a single illness or condition. (2) “Extraordinary medical expenses” includes uninsured, reasonable, and necessary costs for orthodontia, dental treatment, asthma treatment, physical therapy, treatment for any chronic health problem, and professional counseling or psychiatric therapy for diagnosed mental disorders.

K) Shared physical custody. “Shared physical custody” means that each parent keeps the child or children overnight for more than 35% of the year and that both parents contribute to the expenses of the child or children in addition to the payment of child support.

L) Adjusted basic child support obligation. “Adjusted basic child support obligation” means an adjustment of the basic child support obligation for shared physical custody.

M) Basic child support obligation. “Basic child support obligation” means the base amount due for child support based on the combined adjusted actual incomes of both parents.

Maryland Divorce Definitions

This collection of definitions will help clarify some unique characteristics to the Maryland Divorce laws, process and paperwork which is filed with the court.

Filing Party Title:
Plaintiff

The spouse who will initiate the Divorce by filing the required paperwork with the court.

Non-Filing Party Title:
Defendant

The spouse who does not initiate the Divorce with the court.

Court Name:
In the Circuit Court for _____________ , Maryland

The proper name of the court in which a Divorce is filed in the state of Maryland. Each jurisdictional court typically has a domestic relations or a family law department or division.

The state run office devoted to enforcing existing child support orders and collecting any past due child support.

Document Introduction:
In Re the Marriage of:

The lead-in verbiage used in the legal caption or header of the documents filed with the court. The introduction typically prefaces both spouse’s names.

Initial Divorce Document:
Complaint for Absolute Divorce

The title and name of the legal document that will initiate the Maryland Divorce process. The filing spouse is also required to provide the non-filing spouse a copy of this document.

Final Divorce Document:
Judgment of Absolute Divorce

The title and name of the legal document that will finalize the Maryland Divorce process. This document will be signed by the judge, master, or referee of the court to declare your marriage officially terminated.

Clerk’s Office Name:
Office of the Clerk of the County Circuit Court

The office of the clerk that will facilitate the Divorce process. This is the title you would address letters to or ask for when contacting the courthouse.

Legal Separation:

The grounds for a legal separation (limited divorce) are: a) willful desertion; b) cruel and inhuman treatment; and c) voluntary separation and living separate and apart without cohabitation. The legal separation may be temporary or permanent. The spouses must make a good-faith effort to reconcile their differences.

[Annotated Code of Maryland; Family Law, Section 7-102].

Property Distribution:
Equitable Distribution

The applicable Maryland law that will dictate how property and debt is to be divided upon Divorce.

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